Legal Question in Landlord & Tenant Law in Texas

An eviction suit (also called a "forcible detainer") is the process by which a landlord tries to regain possession of the premises.

The first step to eviction begins with a notice to vacate. A notice to vacate is the landlord's written request that you move. However, it may also be a request that you either pay the overdue rent within a specified time or move out. If you receive this pay or move type notice and desire to stay, you should tender your rent to the landlord within the time specified in the notice. Remember that the initial notice to vacate is only the landlord's request that you move. Your landlord may not lawfully resort to self-help measures such as putting your property out on the street if you don�t move within the time specified in this notice to vacate.

If you don't leave by the date stated in the notice to vacate, your landlord will have to take the second step: filing an eviction suit in justice court. The eviction suit may add a claim for delinquent rent as long as the amount owed is less than $10,000. However, if you have any other causes of action against your landlord, you must file them in a separate lawsuit. Eviction suits must be filed in justice court in the precinct where the property is located. In Harris County, for example, there are 8 precincts. Each precinct has 2 justice courts. The landlord will have the option of filing in either of the justice courts in the precinct.

In the third step, a constable or other process server will serve you with a citation and a copy of the eviction suit. The citation will inform you when and where you must appear to contest the eviction. The court date must be between 6 and 10 days after the date on which you were served. It is usually set one week from the day you receive the citation to appear. You may have a jury trial by requesting a jury and paying $5.00 within 5 days of when you were served with the citation. Read the citation carefully to determine when and where you must appear in court.

The fourth step of an eviction suit is a trial to determine the right to possession of the premises. If you don't appear at trial, the court will grant a default judgment against you. If your landlord doesn't show up, the case will usually be dismissed. If the eviction suit is because you didn't pay rent or because you held over after your lease expired, your landlord may be represented at trial by an authorized agent, such as an apartment manager. However, if the case involves other claims against you, your landlord must represent himself or hire an attorney, unless you default by not appearing at court.

If you are representing yourself at trial, make sure the landlord has followed the above process. You should also take all witnesses, documents and other evidence with you to court on the trial date. At the eviction trial, you are allowed to use a claim of retaliation as a defense. However, an eviction for actual non-payment of rent is not retaliation. Some other defenses available to you in non-payment of rent evictions include: no notice or improper notice to vacate; payment of all rents owed; and the fact that rent was offered but refused.